Delaware Corporate Law and the “End of History” in Creditor Protection

2021 ◽  
pp. 207-220
Author(s):  
Jared A. Ellias ◽  
Robert J. Stark
2019 ◽  
Vol 21 (2) ◽  
pp. 253-277
Author(s):  
Jonathan Mukwiri

Abstract This paper argues that the failed attempt to introduce a mandatory board neutrality rule into EU takeover law was an object lesson that it is difficult to enact rules that are contrary to the corporate law cultures of the majority of the Member States. It provides an account of key factors that prevented enacting a mandatory board neutrality rule in the EU: varying takeover laws and practices; conflicting management and shareholder interests; divide between exhaustive and minimum harmonisation; and varying market orientation models. It argues that as long as there are varied national corporate laws, most EU corporate law rules are bound to remain categorised as optional, unimportant, or avoidable.


2017 ◽  
pp. 49-78 ◽  
Author(s):  
Henry Hansmann ◽  
Reinier Kraakman

Derrida Today ◽  
2020 ◽  
Vol 13 (1) ◽  
pp. 33-47
Author(s):  
Anne Alombert

The aim of this paper is to question the significance of Derrida's deconstruction of the concepts of subject and history. While ‘postmodernity’ tends to be characterized by philosophical critique as the ‘liquidation of the subject’ or the ‘end of history’, I attempt to show that Derrida's deconstruction of ‘subjectivity’ and ‘historicity’ is not an elimination or destruction of these concepts, but an attempt to transform them in order to free them from their metaphysical-teleological presuppositions. This paper argues that this transformation, which begins in Derrida's and continues in Stiegler's texts, leads to the notions of ‘psycho-social individuation’ and ‘doubly epokhal redoubling’. I maintain that such notions ‘supplement’ the metaphysical concepts of subject and history by forcing a reconsideration of the technical conditions of psychic individuation and the technological conditions of ‘epochality’.


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